Heflin withdraws challenge to Vo after investigative finding

KRISTEN MACK, Copyright 2005 Houston Chronicle

Published
6:30 am CST, Monday, February 7, 2005

AUSTIN - Former Republican state Rep. Talmadge Heflin withdrew his election challenge today after a fellow Republican who investigated the matter concluded that Heflin narrowly lost to Democrat Hubert Vo.

Vo joined Heflin after an afternoon news conference at which Heflin announced his decision. The two shook hands, and Vo said he would seek counsel from the veteran lawmaker on issues in the southwest Houston district.

Heflin's challenge is still scheduled to go to a special House committee Tuesday, but the proceedings will be a formality with the outcome certain.

Heflin conceded hours after state Rep. Will Hartnett, R-Dallas, issued a report to the committee saying Vo won the election by at least 16 votes. Hartnett served as "master of discovery" to investigate the election contest.Hartnett concluded that Heflin had produced "no evidence of any intentional voter fraud" that would have affected his Nov. 2 loss to Vo in District 149. Vo won then by 52 votes, a margin that narrowed to 33 with an official recount including mail-in ballots.

"It became obvious that we didn't have the data to meet the hurdle," Heflin said of his effort to convince Hartnett and the House that the participation of ineligible voters put the result of the election in doubt. "When you see that you can't meet a criteria that is thrust upon you, it makes no sense to move ahead."

Had Heflin pursued his challenge, the House could have upheld Vo's election, seated Heflin or required Gov. Rick Perry to call another election.

Heflin, who served 11 terms in the House and was chairman of the powerful House Appropriations Committee, said it was "highly likely" that he would run again to regain the House seat or another public office.

Vo said he looks forward to serving, and that the residents of the district will "have a say again in two years."

During the campaign, Vo said Heflin had lost touch with the increasingly diverse district.

Heflin wouldn't address tha today, saying he was not going to dwell on the past and that in the election challenge, he only wanted to seek the truth.

"It's not something I was in because I couldn't let go of (the seat)," he said.

Heflin alleged that illegal votes were counted and legal votes were discarded, costing him the election.

To overturn an election, Heflin would have had to prove, by clear and convincing evidence, that voting irregularities affected the election results.

Heflin failed to meet that burden of proof, Hartnett said.

Heflin produced no evidence of any intentional voter fraud "which affected the final vote tally to his detriment. (Heflin's) challenge to the vast bulk of the votes in question is based on technical, and apparently unintentional, violations of election law," said Hartnett, who examined each of 259 questionable votes.

Hartnett said illegal votes were cast in the election, as they are in most elections. They included ballots by voters who did not live in the district or were not registered. In some cases election judges gave them incorrect information about their eligibility.

He had said, however, that he only would discount ballots from voters who were ineligible, voted in the Heflin-Vo race and would say how they voted. That process reduced Vo's margin of victory, but didn't change the outcome, he said.

Hartnett was praised by partisans on both sides of the aisle for being even-handed and meticulous .

After reviewing Hartnett's report, Heflin decided it was time to move on, said his lawyer, Andy Taylor.

"We made a political decision not to ask for the select committee to overrule Rep. Hartnett," Taylor said. "I didn't think that would be in the best interest of the parties or the House."

He added that Heflin did not want to put House members in the "uncomfortable position" of having to weigh in on the race.

Heflin and Taylor said they still believe that the race was decided by ineligible voters, and said they wish they had had more time to collect evidence.

"Even under the most critical review of our evidence, a new election should have been ordered," Taylor said. "How can anyone say with any confidence whatsoever that the outcome the election was such that one candidate prevailed over another?"

Heflin said he respected Hartnett's report but doesn't regret his challenge.

"Any time you seek the truth it's worth it," Heflin said. "The integrity of the election process is what's at risk."

Rep. Dan Flynn, R-Canton, who attended Heflin's news conference, said Heflin set a standard for House members and that Texas taxpayers owe him a debt of gratitude.

House Speaker Tom Craddick said Heflin has been an asset to the Legislature.

"On behalf of my colleagues, I want to thank him for his commitment to the people of House District 149 and of Texas," Craddick said in a statement. "These election contests have brought to light a number of issues with regard to the election process, and we will be exploring these concerns during this Legislature and possibly into the interim."